Preliminary
Part 1—Preliminary
1 Name
This information standard is the Country of Origin Food Labelling Information Standard 2016.
2 Commencement
This information standard commences on 1 July 2016.
3 Authority
This information standard is made under section 134 of the Australian Consumer Law.
4 Purpose
The purpose of this information standard is to provide for country of origin labelling requirements for food for human consumption that is sold in Australia. Note: In this information standard, ‘sell’ includes offer or display for sale.
5 Limit of application
This information standard does not operate to limit the exercise of a right given by or under the Trade Marks Act 1995 in relation to a registered trademark.
6 Outline of this information standard
| OverviewThis information standard provides for mandatory country of origin labelling requirements for food that is sold (including offered or displayed for sale) in Australia. It does not impose labelling requirements on food sold outside Australia.Under this information standard, most food for retail sale in Australia must be labelled with a country of origin. There are different labelling requirements depending on whether the food was:grown, produced or made in Australiapackaged in Australiagrown, produced or made in another countrypackaged in another country.Most food grown, produced, made or packaged in Australia will need to carry a standard mark. There will generally be two or more marks from which to choose. In addition to a country of origin statement, the marks include an indication of the proportion of Australian ingredients by ingoing weight through text and a bar chart. If all of the food in a display or package was grown, produced or made in Australia, the mark will also include a kangaroo logo. In some circumstances, more detailed information can be voluntarily added to the text in a standard mark.For most imported food (food grown, produced, made or packaged in a country other than Australia), the country of origin statement will need to be in a clearly defined box. Where imported food includes Australian ingredients, a standard mark showing the proportion of Australian ingredients by ingoing weight through text and a bar chart may be used voluntarily.For non-priority foods, the requirements for standard marks and the placement of origin statements in a box are voluntary, rather than mandatory. Non-priority foods are set out in section 9, and are foods for which Australian consumers are least concerned about origin information.General provisionsThe terms ‘grown’, ‘produced’ and ‘made’ are defined in section 8.A food can be described as grown or produced in a country only if virtually all of its content is from, and virtually all of the processing is undertaken in, that country. Any food that can be described as grown or produced in a country can also be described as made in that country. A food can be described as made in a country if it was last substantially transformed into the final food through one or more processes that occurred in that country.All standard marks in the information standard include a bar chart showing the proportion of Australian ingredients by ingoing weight. Section 10 includes a table listing bar charts and the ranges of percentages of Australian ingredients to which they apply. Section 11 sets out the methods for calculating the percentages of Australian ingredients by ingoing weight. Section 12 sets out how water is to be treated when calculating the percentages. Section 13 sets out the methods by which businesses can communicate more accurate information when the average percentage of Australian ingredients by ingoing weight is used in a standard mark in accordance with sections 21 and 23.The labelling requirements are set out in Part 2. With some exceptions, Part 2 applies to retail sales of food. The labelling requirements vary depending on whether the food falls within one of the following three categories of food:packaged food, other than fresh fruit and vegetables in transparent packagingfresh fruit and vegetables in transparent packagingunpackaged meat, fish, fruit and vegetables.These categories align with the categories of food required to be labelled with a country of origin under the Australia New Zealand Food Standards Code (Food Standards Code) at the time the information standard commenced. This means there has been no change to the range of foods that must be labelled with a country of origin. Particular foods or classes of foods are defined in Part 3 of the Dictionary at the end of this information standard.Food grown, produced or made in AustraliaIf the food was grown, produced or made in Australia exclusively from Australian ingredients, the information must be in the form of one of the standard marks set out in section 18. These marks include the following features:a logo to assist the consumer to easily identify that the food was grown, produced or made in Australia:a full bar chart to indicate that the food’s ingredients are exclusively Australian:a statement indicating that the food was grown, produced or made in Australia and that its ingredients are exclusively Australian.If the food was grown, produced or made in Australia and some of its ingredients are not Australian, the information must be in the form of one of the standard marks set out in section 19 (subject to section 21). The marks include the following features:a logo to assist the consumer to easily identify the food was grown, produced or made in Australia:one of the following bar charts to provide a visual indication of the proportion, by ingoing weight, of the food’s Australian ingredients:a Made in Australia statement, together with a statement that aligns with the bar chart and clearly states the minimum proportion, by ingoing weight, of the food’s Australian ingredients.Where a particular ingredient is sourced exclusively from a particular country, text naming the origin of that ingredient can be added to the standard mark.If food grown, produced or made in Australia is exported and re-imported without substantial transformation, but with some processing overseas (for example, cleaning, shelling, packaging or re‑packaging), then the processing that occurred overseas will have to be declared in the standard mark from section 18 or 19, as appropriate.If the food was grown, produced or made in Australia and the proportion by ingoing weight of Australian ingredients varies over time, the information may be in the form of a mark that includes a statement of the average content of Australian ingredients and a means for consumers to access further details off-pack, in accordance with section 21. The mark includes the following features:a logo to assist the consumer to easily identify the food was grown, produced or made in Australia:one of the following bar charts to provide a visual indication of the average proportion, by ingoing weight, of the food’s Australian ingredients:a Made in Australia statement, together with a statement aligned with the bar chart that indicates the average proportion by ingoing weight of the food’s Australian ingredients and how to get further details about the Australian content of the food.Food packaged in AustraliaIf the food was packaged in Australia (but not all of the food in the package was exclusively grown, produced or made in Australia), the labelling must include one of the standard marks set out in section 22 (subject to section 23). These marks do not include the kangaroo logo, but do include a bar chart, a Packed in Australia statement and an Australian ingredient statement, aligned with the bar chart, similar to that for food that was made in Australia. Where a particular ingredient is sourced exclusively from a particular country, text naming the origin of that ingredient can be added to the standard mark.If all the food is from a single country, the label must at least state that the food in the package was grown, produced or made in that country, and may include a standard mark that also includes a statement that it was packed in Australia, together with an unfilled bar chart.If the food was packaged in Australia and the proportion by ingoing weight of the food’s ingredients varies over time, the information may be in the form of a standard mark set out in section 23. These marks do not include the kangaroo logo, but do include a bar chart and a statement indicating the average proportion, by ingoing weight, of the food’s Australian ingredients and how to get further details about the Australian content of the food.Non-priority food grown, produced, made or packaged in AustraliaFor non‑priority foods (foods set out in section 9), the use of the standard marks in accordance with sections 18 to 23 is voluntary rather than mandatory. Where the kangaroo logo and/or a bar chart is used on non‑priority food, they must be used as part of a standard mark in accordance with those sections.Imported foodIf the food was not grown, produced, made or packaged in Australia, the labelling will be required to meet the requirements in sections 15, 16 or 17. Briefly, it must identify:the country of origin of the food, if it is from a single country (it may also identify where the food was packaged if this was a different country), orif the food is from more than one country:the country where the food was packaged, if applicable; andthat the food is of multiple origins.Unless the packaged food is non-priority (see section 9), the country of origin information must be in a clearly defined box.As an alternative to a simple statement about the origin of the food, if the food was produced, made or packaged in a country other than Australia but with Australian ingredients, the labelling may include one of the standard marks set out in section 26. These marks do not include the kangaroo logo, but do include a bar chart and a statement indicating the proportion, by ingoing weight, of the food’s Australian content. Where a particular ingredient is sourced exclusively from a particular country, text naming the origin of that ingredient can be added to this standard mark.Other requirementsPart 3 applies to sales other than retail sales. It enables a food processor or retailer who purchases wholesale foods or ingredients to obtain from the seller the country of origin information that will be needed to comply with this information standard.Part 4 sets out:general legibility requirements in relation to labellingcertain prohibitions on the use of the logo and bar chartthe provision of additional information about the country of origin of a foodrecord keeping requirements for certain foodrequirements to provide information to regulators when requested.Part 5 sets out transitional provisions to deal with foods that have already been labelled or are labelled within two years of the commencement of this information standard.A Dictionary is included that defines certain words and expressions used in this information standard. The Dictionary is divided into general definitions, definitions relating to medical institutions and food related definitions. |
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7 Interpretation
Terms in the Dictionary at the end of this information standard have the meaning given by the Dictionary.
8 Meaning of grown, produced and made
In this information standard:
grown:
a food or ingredient was grown in a country if it:
was materially increased in size or materially altered in substance in that country by natural development; or;
germinated or otherwise arose in, or issued in, that country; or
was harvested, extracted or otherwise derived rom an organism that has been materially increased in size, or materially altered in substance, in that country by natural development;
a food consisting of more than one ingredient is also grown in a country if:
each of its significant ingredients was grown in that country; and
all, or virtually all, of the processing occurred in that country.
made: a food was made in a country if it underwent its last substantial transformation in that country. produced: a food was produced in a country if:
each of its significant ingredients was grown or otherwise wholly obtained in that country; and
all, or virtually all, of the processing occurred in that country.
If a food fits in more than one of the categories defined in subsection (1), and this information standard has different requirements for the different categories, the labelling complies with this information standard if it satisfies the requirements for one of the categories.
Note: Example: Where a food could be described either as having been made in Australia from Australian ingredients, or as having been produced in Australia, the label could have, with the logo and the 100% bar chart, any of the following: ‘Made in Australia from Australian ingredients’; ‘Produced in Australia’; ‘Grown in Australia’; ‘Australian [kind of food]’; or ‘Made in Australia from 100% Australian ingredients’.
9 Meaning of non-priority food
In this information standard: non-priority food means the following:
seasonings;
confectionary;
biscuits and snack food;
bottled water;
soft drinks and sports drinks
tea and coffee;
alcoholic beverages.
10 References to the logo and appropriate bar chart
In this information standard a reference to the logo is a reference to the following logo:
This label is a square shape. It contains a triangle with a stylised kangaroo.
In this information standard, a reference to the appropriate bar chart for a mark is a reference to the bar chart in the following table that represents ‘P%’ in the mark:
| Range for ‘P%’ | Bar chart that represents range |
|---|---|
| Less than 10% | |
| 10% to 19% | |
| 20% to 29% | |
| 30% to 39% | |
| 40% to 49% | |
| 50% to 59% | |
| 60% to 69% | |
| 70% to 79% | |
| 80% to 89% | |
| 90% to 94% | |
| 95% to 99% | |
| 100% |
11 Meaning of proportion and average proportion of ingredients by weight
In this information standard, a reference to the proportion by weight of the Australian ingredients of a food is a reference to the total ingoing weight of the ingredients from Australia as a proportion of the total ingoing weight of all the ingredients of the food, expressed as a percentage. In this information standard, a reference to the average proportion by weight of the Australian ingredients of a packaged food is a reference to the average determined over a continuous 1, 2 or 3 year period that ends no later than 2 years before the date the labelling is affixed to the package. To avoid doubt, a substance or food used as a processing aid is not an ingredient for the purposes of subsection (1) or (2). For this section:
an ingredient that was exclusively grown or produced in Australia is from Australia; and
if a compound ingredient of a food is itself made from ingredients from more than one country (sub-ingredients), the ingoing weight of that ingredient is attributed to the different countries, one of which is Australia, in accordance with the proportion by weight of the sub ingredients in that compound ingredient.
Note: Example: A pasta sauce is made in Australia from 70% Australian ingredients by weight. It is then used to make a lasagne. The ingoing weight of the pasta sauce is attributed 70% to Australia and 30% to other countries in calculating the proportion by weight of the Australian ingredients of the lasagne.
In this section:
used as a processing aid has the meaning given by section 1.1.2—13 of the Food Standards Code.
12 Accounting for water when determining country of origin and proportion of Australian ingredients
This section sets out how water is to be accounted for when determining the country of origin of a food or calculating the proportion by weight of specified ingredients of a food. Water that reconstitutes dehydrated or concentrated ingredients or other components of food (including food additives) is taken to have the country of origin of that ingredient or component. Water otherwise added as an ingredient to a food is taken to have the country of origin in which it was collected or harvested Where a liquid packing medium for a food is not generally consumed as part of the food, water that forms part of the liquid packing medium is not to be counted when determining the proportion by weight of specified ingredients.
Note: Examples: This subsection would apply to water that forms part of a pickling brine in a jar of pickled onions, but not to water that is an ingredient of a syrup in a can of peaches.
For this section a liquid packing medium includes, but is not limited to, the following:
water;
aqueous solutions of sugars or salt (for example, brines or syrups);
fruit and vegetable juices in canned fruits and vegetables;
vinegar.
13 Varying Australian content—methods for providing consumers with content information
The following are the methods that may be used to provide a consumer with information about Australian content of food for purposes of section 21 or 23:
the consumer may use a smartphone app or other software to scan a barcode or similar device;
the consumer may contact a telephone number and get the information by providing an identifier for the food that is included on the label, such as a barcode, batch number, date of manufacture or date mark; or
the consumer may use a website and get the information by providing an identifier for the food that is included on the label, such as a barcode, batch number, date of manufacture or date mark.
The following are the identifying phrases that may be used in the mark to indicate a method mentioned in subsection (1):
for use of an app or software—‘- Scan barcode for details’;
for use of telephone—‘- Call \[phone number\] for details’ where ‘\[phone number\]’ is a phone number that may be contacted during business hours;
for use of a website—‘- Visit \[website\] for details’, where ‘\[website\]’ is the website address.
Part 2—Country of origin labelling requirements
Division 1—Application of this Part
14 Application of this Part—retail sales and other sales for which labelling is required
This Part applies in relation to a sale of food in Australia if:
the sale is a retail sale; or
the sale is not a retail sale, but the food is sold as suitable for retail sale without any further processing, packaging or labelling.
However, this Part does not apply to a food that:
is sold to the public for immediate consumption by any of the following:
a restaurant;
a canteen;
a school;
a caterer or a self-catering institution;
a prison;
a hospital or a medical institution; or
was made and packaged on the premises where it is sold; or
is delivered, packaged and ready for consumption, at the express order of the purchaser (other than when the food is sold from a vending machine);
is sold at a fund-raising event; or
food for special medical purposes.
Application to small packages
If a provision of this Part requires labelling for a food to include a mark that includes a logo or a bar chart, the provision is satisfied in relation to a small package if a label attached to the package includes the words in the mark, in a clearly defined box, without any logo or bar chart. In this section:
food for special medical purposes has the meaning given by section 1.1.2—5 of the Food Standards Code. small package has the meaning given by section 1.1.2—2 of the Food Standards Code.
Division 2—Labelling requirements
15 Packaged food, other than fresh fruit and vegetables in transparent packaging
This section applies in relation to food for sale (whether or not a retail sale) if it is in a package that is required to bear a label under a standard in the Food Standards Code.
Note: See Australia New Zealand Food Standards Code – Standard 1.2.1 – Requirements to have labels or otherwise provide information. For labelling requirements where the food for sale has more than 1 layer of packaging, see sections 1.2.1—6 and 1.2.1—20.
If provisions in Division 3 apply to the food, the package must bear a label that meets the requirements of those provisions.
Note: Division 3 applies to food that was grown, produced, made or packaged in Australia.
Otherwise, the package must bear a label with:
a statement of the country of origin of the food in the package; or
if the food was packaged using food from more than one country—a statement that:
(i) identifies the country where the food was packaged; and
(ii) indicates that the food is of multiple origins or that it is comprised of imported ingredients.
Note: This subsection applies to food that was not grown, produced, made or packaged in Australia.
Note: If some or all of its significant ingredients were made in Australia, section 26 permits the use of a mark with a bar chart to indicate this. Using the mark will satisfy this subsection and subsection (4).
For food other than non-priority food, the statement mentioned in subsection (3) must be in a clearly defined box.
16 Fresh fruit and vegetables in transparent packaging
This section applies in relation to food for retail sale that:
consists solely of unprocessed fruit and vegetables, whether whole or cut; and
is displayed for sale in a package that does not obscure the nature or quality of the fruit and vegetables.
If provisions in Division 3 apply to the food, the food must bear a label on the package, or have labelling that accompanies it or is displayed in connection with its sale, that meet the requirements of those provisions.
Note: Division 3 applies to food that was grown, produced, made or packaged in Australia.
Otherwise, the food must bear a label on the package, or have labelling that accompanies it or is displayed in connection with its sale, that:
identifies the country of origin of the fruit and vegetables; or
if the fruit or vegetables are from more than one country—indicates that the fruit or vegetables are of multiple origins or that it is comprised of imported ingredients.
Note: This subsection applies to food that was not grown, produced, made or packaged in Australia.
Note: If some or all of its significant ingredients are Australian, section 26 permits the use of a bar chart and a statement to indicate this. Using the mark will satisfy this subsection.
If the statement mentioned in subsection (3) is on the package, it must be in a clearly defined box.
17 Unpackaged meat, fish, fruit and vegetables
This section applies to food for retail sale that:
is any of the following:
fish, including fish that has been mixed or coated with 1 or more other foods;
pork;
beef;
veal;
lamb;
hogget;
mutton;
chicken;
fruit and vegetables;
a mix of any of the above foods; and
is displayed for sale other than in a package.
Food grown, produced or made in Australia
If provisions in Division 3 apply to the food, the food must bear a label, or have labelling that accompanies it or is displayed in connection with its sale that meets the requirements of those provisions.
Food not grown, produced or made in Australia
If provisions in Division 3 do not apply to the food, the food must bear a label, or have labelling that accompanies it or is displayed in connection with its sale, that:
identifies the country of origin of the food; or
if the food is from more than one country—indicates that the food is of multiple origins or that it is comprised of imported ingredients.
Note: Subsection 28(4) describes requirements for labels displayed in connection with food.
Mixed bins of single ingredient foods
Despite subsection (2) and Division 3, if a single ingredient food is displayed for sale in a mixed bin that contains both Australian and imported items, the food complies with this section if labelling that is displayed in connection with its sale indicates that fact.
Note: If the seller chooses to rely on labels on individual items, each label will need to comply with subsection (2) or (3), as appropriate.
Interpretation
A reference to a food listed in paragraph (1)(a) includes a reference to a food that has been:
cut, filleted, sliced, minced or diced; or
pickled, cured, dried, smoked, frozen or preserved by other means; or
marinated; or
cooked.
Division 3—Labelling requirements for food grown, produced, made or packaged in Australia
18 Food grown, produced or made in Australia exclusively from Australian ingredients
This section applies to food if:
it was grown, produced or made in Australia; and
its ingredients are exclusively of Australian origin.
Note: This section will not apply if any ingredient, or any ingredient of a compound ingredient, is not grown or produced in Australia.
Note: For definition of compound ingredient, please refer to subsection 11(4).
The labelling must include one of the following marks:
This label is a portrait rectangle shape. It contains a triangle with a stylised kangaroo and a fully filled bar chart underneath it. The explanatory text underneath the bar chart reads X in Australia. X is the phrase 'Grown in', 'Produced in', 'Produce of' or 'Product of' as appropriate. This label is a landscape rectangle shape. It contains a triangle with a stylised kangaroo and a fully filled bar chart underneath it. The explanatory text next to it reads X Australia. X is the phrase 'Grown in', 'Produced in', 'Produce of' or 'Product of' as appropriate. This label is a portrait rectangle shape. It contains a triangle with a stylised kangaroo and a fully filled bar chart underneath it. The explanatory text underneath the bar chart reads Australian Y. Y is the word 'Grown', 'Produce' or 'Product' or the kind of food, as appropriate. This label is a landscape rectangle shape. It contains a triangle with a stylised kangaroo and a fully filled bar chart beneath it. The explanatory text next to the bar chart reads Australian Y. Y is the word 'Grown', 'Product', or 'Product' or the kind of food, as appropriate. This label is a portrait rectangle shape. It contains a triangle with a stylised kangaroo and a fully filled bar chart underneath it. The explanatory text underneath the bar chart reads Made in Australia from Australian ingredients. This label is a landscape rectangle shape. It contains a triangle with a stylised kangaroo and a fully filled bar chart underneath it. The explanatory text underneath the bar chart reads Made in Australia from Australian ingredients. This label is a portrait rectangle shape. It contains a triangle with a stylised kangaroo and a fully filled bar chart underneath it. The explanatory text underneath the bar chart reads Made in Australia from100% Australian ingredients. This label is a landscape rectangle shape. It contains a triangle with a stylised kangaroo and a fully filled bar chart underneath it. The explanatory text underneath the bar chart reads Made in Australia from100% Australian ingredients. where:
‘X’ is the phrase ‘Grown in’, ‘Produced in’, ‘Produce of’ or ‘Product of’ as appropriate; and
‘Y’ is the word ‘Grown’, ‘Produce’, ‘Product’ or the kind of food, as appropriate.
19 Other food made in Australia
This section applies to food if:
it was grown, produced or made in Australia; and
some of its ingredients are not exclusively of Australian origin.
Subject to subsection (3), if some of the food’s ingredients are of Australian origin, or partly of Australian origin, the labelling must include one of the following marks:
 
where:
‘BC’ is the appropriate bar chart to represent P% of Australian ingredients (see section 10); and
‘P%’, in which P is a whole number, is not more than the proportion by weight of the Australian ingredients of the food.
If less than 10% of the food’s ingredients by weight are Australian, the labelling may include one of the following marks:
This label is a portrait rectangle shape. It contains a triangle with a stylised kangaroo and a 5% filled bar chart underneath it. The explanatory text underneath the bar chart reads Made in Australia from less than 10% Australian ingredients. This label is a landscape rectangle shape. It contains a triangle with a stylised kangaroo and a 5% filled bar chart underneath it. The explanatory text underneath the bar chart reads Made in Australia from less than 10% Australian ingredients.
If none of the food’s ingredients are Australian, the labelling must include one of the following marks:
This label is a portrait rectangle shape. It contains a triangle with a stylised kangaroo and an empty (0%) bar chart underneath it. The explanatory text underneath the bar chart reads Made in Australia from 0% Australian ingredients. This label is a landscape rectangle shape. It contains a triangle with a stylised kangaroo and an empty (0%) bar chart underneath it. The explanatory text underneath the bar chart reads Made in Australia from 0% Australian ingredients. This label is a portrait rectangle shape. It contains a triangle with a stylised kangaroo and an empty (0%) bar chart underneath it. The explanatory text underneath the bar chart reads Made in Australia from imported ingredients. This label is a landscape rectangle shape. It contains a triangle with a stylised kangaroo and an empty (0%) bar chart underneath it. The explanatory text underneath the bar chart reads Made in Australia from imported ingredients. Reference in mark to an ingredient from a particular country
In a mark required or permitted under this section, a phrase may be added at the end that names one or more of the ingredients of the food and specifies the country of origin of each ingredient named, provided:
the phrase starts with the word ‘with’; and
each ingredient named originates exclusively in the country specified as the origin of that ingredient.
Note: Examples: ‘Made in Australia from at least 60% Australian ingredients with prawns and peanuts from Thailand’
Note: ‘Made in Australia from at least 60% Australian ingredients with prawns from Thailand, pineapples from Vietnam and peanuts from Malaysia’
Note: ‘Made in Australia from at least 60% Australian ingredients with Australian beef’
20 Food grown, produced or made in Australia that is exported and re-imported
If food to which section 18 or 19 applies was:
grown, produced or made in Australia; and
exported from Australia and then re-imported to Australia:
the mark required to be included in the labelling must also include a description, in brackets, of the processing that occurred outside Australia.
Note: Section 18 or 19 will apply only if the food was grown, produced or made in Australia, so that it cannot have undergone a substantial transformation when abroad, nor can it have been combined with non-Australian ingredients outside Australia. However, it may have undergone some processing (for example, cleaning, shelling, packaging, re-packaging) and it may have been combined with other Australian ingredients.
Note: For example, the label for Australian macadamias sent to Fiji for shelling, sorting and packing before being returned to Australia would include a statement ‘(shelled, sorted and packed in Fiji)’.
21 Varying Australian content—food made in Australia
This section applies to packaged food that was made in Australia if the proportion by weight of the Australian ingredients of the food varies over time. Despite sections 18 and 19, the labelling of the food complies with this information standard if:
the labelling includes:
one of the appropriate marks under this section; and
any information, such as a barcode or other device, batch number, lot, date of manufacture or date mark, that is needed to enable a consumer to obtain information by a method in accordance with section 13; and
a consumer who follows the method indicated by the mark is able to find out:
the proportion by weight of Australian ingredients of the food in the package; and
if the period that was used to calculate the average specified in the mark does not appear on the labelling—that period.
If the average proportion by weight of the Australian ingredients of the food is not less than 1%, the following are appropriate marks:
![This label is a portrait rectangle shape.
It contains a triangle with a stylised kangaroo and the letters BC underneath it. The explanatory text underneath the bar chart reads Made in Australia - ingredient sources vary - average P% Australian ingredients (how to get details). BC is the appropriate bar chart to represent P% of Australian ingredients and P%, in which P is a whole number, is not more than the average proportion by weight of the Australian ingredient of the food, [how to get details] is the identifying phrase for an information method that satisfies section 13. ](image.033.png) ![This label is a landscape rectangle shape.
It contains a triangle with a stylised kangaroo and the letters BC underneath it. The explanatory text underneath the bar chart reads Made in Australia - ingredient sources vary - average P% Australian ingredients (how to get details). BC is the appropriate bar chart to represent P% of Australian ingredients and P%, in which P is a whole number, is not more than the average proportion by weight of the Australian ingredient of the food, [how to get details] is the identifying phrase for an information method that satisfies section 13. ](image.034.png)
where:
‘BC’ is the appropriate bar chart to represent P% of Australian ingredients (see section 10); and
‘P%’, in which P is a whole number, is not more than the average proportion by weight of the Australian ingredients of the food; and
‘\[how to get details\]’ is the identifying phrase for an information method that satisfies section 13.
If the average proportion by weight of the Australian ingredients of the food is less than 10%, the following are also appropriate marks:
![This label is a portrait rectangle shape.
It contains a triangle with a stylised kangaroo and a 5% filled bar chart underneath it. The explanatory text underneath the bar chart reads Made in Australia - ingredient sources vary - average les than 10% Australian ingredients (how to get details) and [how to get details] which is the identifying phrase for an information method that satisfies section 13. ](image.035.png) ![This label is a landscape rectangle shape.
It contains a triangle with a stylised kangaroo and a 5% filled bar chart underneath it. The explanatory text underneath the bar chart reads Made in Australia - ingredient sources vary - average les than 10% Australian ingredients (how to get details) and [how to get details] which is the identifying phrase for an information method that satisfies section 13. ](image.036.png)
where ‘[how to get details]’ is the identifying phrase for an information method that satisfies section 13.
22 Food packaged in Australia that includes food not grown, produced or made in Australia
This section applies to food that:
was packaged in Australia; and
is not food to which section 18 or 19 applies.
If:
the food in the package was made in a single country other than Australia; and
the ingredients of the food are exclusively of Australian origin,
the labelling must include:
a statement that the food was made in that country, in a clearly defined box; or
one of the following marks:
This label is a portrait rectangle shape. It contains a 100% filled bar chart. The explanatory text underneath the bar chart reads Made in C from Australian ingredients. C is the name of the relevant country, or the adjectival form of the name as appropriate. Packed may be replaced by Packaged. This label is a landscape rectangle shape. It contains a 100% filled bar chart. The explanatory text next to the bar chart reads Made in C from Australian ingredients. C is the name of the relevant country, or the adjectival form of the name as appropriate. Packed may be replaced by Packaged. This label is a portrait rectangle shape. It contains a 100% filled bar chart. The explanatory text underneath the bar chart reads Made in C from 100% Australian ingredients. C is the name of the relevant country, or the adjectival form of the name as appropriate. Packed may be replaced by Packaged.This label is a landscape rectangle shape. It contains a 100% filled bar chart. The explanatory text next to the bar chart reads Made in C from 100 % Australian ingredients. C is the name of the relevant country, or the adjectival form of the name as appropriate. Packed may be replaced by Packaged. This label is a portrait rectangle shape. It contains a 100% filled bar chart. The explanatory text underneath the bar chart reads Made in C from Australian ingredients Packed in Australia. C is the name of the relevant country, or the adjectival form of the name as appropriate. Packed may be replaced by Packaged. This label is a landscape rectangle shape. It contains a 100% filled bar chart. The explanatory text next to the bar chart reads Made in C from Australian ingredients Packed in Australia. C is the name of the relevant country, or the adjectival form of the name as appropriate. Packed may be replaced by Packaged. This label is a portrait rectangle shape. It contains a 100% filled bar chart. The explanatory text underneath the bar chart reads Made in C from 100% Australian ingredients Packed in Australia. C is the name of the relevant country, or the adjectival form of the name as appropriate. Packed may be replaced by Packaged. This label is a landscape rectangle shape. It contains a 100% filled bar chart. The explanatory text next to the bar chart reads Made in C from 100% Australian ingredients Packed in Australia. C is the name of the relevant country, or the adjectival form of the name as appropriate. Packed may be replaced by Packaged. where:
‘C’ is the name of the relevant country; and
‘Packed’ may be replaced by ‘Packaged’.
Note: Example: Australian fruit is exported to Singapore and converted into juice before being shipped back to Australia in bulk for packaging here. The label could state in a clearly defined box that it was ‘Made in Singapore’. Alternatively, a standard label could be used that includes a fully shaded bar chart and a statement like ‘Made in Singapore from 100% Australian ingredients Packaged in Australia’, all in a clearly defined box. The label would not include the kangaroo logo – even though all of the ingredients are Australia, the juice was made in Singapore.
Subject to subsection (4), if:
the food in the package was made in a single country other than Australia; and
some of the ingredients of the food are of Australian origin,
the labelling must include:
a statement that the food was made in that country, in a clearly defined box; or
one of the following marks:
This label is a portrait rectangle shape. It contains the letters BC. The explanatory text underneath the bar chart reads Made in C from at least P% Australian ingredients. BC is the appropriate bar chart to represent P% of Australian ingredients and P%, in which P is a whole number, is not more than the proportion by weight of the Australian ingredients of the food. C is the name of the relevant country, or the adjectival form of the name as appropriate. Packed may be replaced by Packaged. This label is a landscape rectangle shape. It contains the letters BC. The explanatory text next to the BC reads Made in C from at least P% Australian ingredients. BC is the appropriate bar chart to represent P% of Australian ingredients and P%, in which P is a whole number, is not more than the proportion by weight of the Australian ingredients of the food. C is the name of the relevant country, or the adjectival form of the name as appropriate. Packed may be replaced by Packaged. This label is a portrait rectangle shape. It contains the letters BC. The explanatory text underneath the bar chart reads Made in C from at least P% Australian ingredients Packed in Australia. BC is the appropriate bar chart to represent P% of Australian ingredients and P%, in which P is a whole number, is not more than the proportion by weight of the Australian ingredients of the food. C is the name of the relevant country, or the adjectival form of the name as appropriate. Packed may be replaced by Packaged. This label is a landscape rectangle shape. It contains the letters BC. The explanatory text next to the BC reads Made in C from at least P% Australian ingredients Packed in Australia. BC is the appropriate bar chart to represent P% of Australian ingredients and P%, in which P is a whole number, is not more than the proportion by weight of the Australian ingredients of the food. C is the name of the relevant country, or the adjectival form of the name as appropriate. Packed may be replaced by Packaged. where:
‘BC’ is the appropriate bar chart to represent P% of Australian ingredients (see section 10); and
‘C’ is the name of the relevant country; and
‘P%’, in which P is a whole number, is not more than the proportion by weight of the Australian ingredients of the food; and
‘Packed’ may be replaced by ‘Packaged’.
If:
the food in the package was made in a single country other than Australia; and
some but less than 10% of the ingredients of the food by weight is of Australian origin,
the labelling may include one of the following marks: This label is a portrait rectangle shape. It contains a 5% filled bar chart. The explanatory text underneath the bar chart reads Made in C from less than 10% Australian ingredients. C is the name of the relevant country, or the adjectival form of the name as appropriate. Packed may be replaced by Packaged. This label is a landscape rectangle shape. It contains a 5% filled bar chart. The explanatory text underneath the bar chart reads Made in C from less than 10% Australian ingredients. C is the name of the relevant country, or the adjectival form of the name as appropriate. Packed may be replaced by Packaged. This label is a portrait rectangle shape. It contains a 5% filled bar chart. The explanatory text underneath the bar chart reads Made in C from less than 10% Australian ingredients Packed in Australia. C is the name of the relevant country, or the adjectival form of the name as appropriate. Packed may be replaced by Packaged. This label is a landscape rectangle shape. It contains a 5% filled bar chart. The explanatory text underneath the bar chart reads Made in C from less than 10% Australian ingredients Packed in Australia. C is the name of the relevant country, or the adjectival form of the name as appropriate. Packed may be replaced by Packaged. where:
‘C’ is the name of the relevant country; and
‘Packed’ may be replaced by ‘Packaged’.
If:
the food in the package was grown, produced or made in a single country other than Australia; and
none of the ingredients of the food is of Australian origin,
the labelling must include:
a statement that the food was grown, produced or made in that country, as appropriate, in a clearly defined box; or
one of the following marks:
This label is a portrait rectangle shape. It contains an empty (0%) bar chart. The explanatory text underneath the bar chart reads X and C Packed in Australia. X is the phrase 'Grown in', 'Produced in', 'Produce of', 'Product of' as appropriate and C is the name of the relevant country, or the adjectival form of the name as appropriate. Packed may be replaced by Packaged. This label is a landscape rectangle shape. It contains an empty (0%) bar chart. The explanatory text underneath the bar chart reads X and C Packed in Australia. X is the phrase 'Grown in', 'Produced in', 'Produce of', 'Product of' as appropriate and C is the name of the relevant country, or the adjectival form of the name as appropriate. Packed may be replaced by Packaged. This label is a portrait rectangle shape. It contains an empty (0%) bar chart. The explanatory text underneath the bar chart reads C and Y Packed in Australia. Y is the word 'Grown', 'Produce', 'Product' or the kind of food,as appropriate and C is the name of the relevant country, or the adjectival form of the name as appropriate. Packed may be replaced by Packaged. This label is a landscape rectangle shape. It contains an empty (0%) bar chart. The explanatory text underneath the bar chart reads C and Y Packed in Australia. Y is the word 'Grown', 'Produce', 'Product' or the kind of food,as appropriate and C is the name of the relevant country, or the adjectival form of the name as appropriate. Packed may be replaced by Packaged. where:
‘X’ is:
the phrase ‘Made in’; or
if all significant ingredients are from a single overseas country, the phrase ‘Grown in’, ‘Produced in’, ‘Produce of’, ‘Product of’, as appropriate (see section 8);
‘Y’ is:
the word ‘Made’;
the word ‘Grown’, ‘Produced’ or ‘Product’, as appropriate (see section 8); or
the kind of food;
‘C’ is the name of the relevant country, or the adjectival form of that name, as appropriate; and
‘Packed’ may be replaced by ‘Packaged’.
Subject to subsection (7), if:
the food in the package was not grown, produced or made in a single country; and
some of the ingredients of the food are of Australian origin,
the labelling must include one of the following marks: This label is a portrait rectangle shape. It contains the letters BC. The explanatory text underneath the letters BC reads Packed in Australia from at least P% Australian ingredients. BC is the appropriate bar chart to represent P% of Australian ingredients and P%, in which P is a whole number, is not more than the proportion by weight of the Australian ingredients of the food. Packed may be replaced by Packaged. This label is a lanscape rectangle shape. It contains the letters BC. The explanatory text underneath the letters BC reads Packed in Australia from at least P% Australian ingredients. BC is the appropriate bar chart to represent P% of Australian ingredients and P%, in which P is a whole number, is not more than the proportion by weight of the Australian ingredients of the food. Packed may be replaced by Packaged. where:
‘BC’ is the appropriate bar chart to represent P% of Australian ingredients (see section 10); and
‘Packed’ may be replaced by ‘Packaged’; and
‘P%’, in which P is a whole number, is not more than the proportion by weight of the Australian ingredients of the food.
Note: This Subsection applies to packaged food of multiple origins that contains Australian food or ingredients.
Note: For example, Australian fruit or vegetables mixed with imported fruit or vegetables; Australian nuts mixed with imported nuts.
If:
the food in the package was not grown, produced or made in a single country; and
some but less than 10% of the ingredients of the food by weight is of Australian origin,
the labelling may include one of the following marks: This label is a portrait rectangle shape. It contains a 5% filled bar chart. The explanatory text underneath the bar chart reads Packed in Australia from less than 10% Australian ingredients. This label is a landscape rectangle shape. It contains a 5% filled bar chart. The explanatory text underneath the bar chart reads Packed in Australia from less than 10% Australian ingredients. where ‘Packed’ may be replaced by ‘Packaged’.
If:
the food in the package was not grown, produced or made in a single country; and
none of the ingredients of the food is of Australian origin,
the labelling must include one of the following marks: This label is a portrait rectangle shape. It contains an empty (0%) bar chart. The explanatory text underneath the bar chart reads Packed in Australia from 0% Australian ingredients. Packed may be replaced by Packaged. This label is a landscape rectangle shape. It contains an empty (0%) bar chart. The explanatory text underneath the bar chart reads Packed in Australia from 0% Australian ingredients. Packed may be replaced by Packaged. This label is a portrait rectangle shape. It contains an empty (0%) bar chart. The explanatory text underneath the bar chart reads Packed in Australia from imported ingredients. Packed may be replaced by Packaged. This label is a landscape rectangle shape. It contains an empty (0%) bar chart. The explanatory text underneath the bar chart reads Packed in Australia from imported ingredients.Packed may be replaced by Packaged. where ‘Packed’ may be replaced by ‘Packaged’.
Note: This subsection applies to packaged food of multiple origins that contains no Australian food or ingredients.
Note: For example, mixed fruit, vegetables or nuts imported from two or more countries not including Australia.
Reference in mark to an ingredient from a particular country
In a mark required or permitted under this section other than subsection 22(2), a phrase may be added at the end that names one or more of the ingredients of the food and specifies the country of origin of each ingredient named, provided:
the phrase starts with the word ‘with’; and
each ingredient named originates exclusively in the country specified as the origin of that ingredient.
Note: Examples: ‘Packed in Australia from at least 80% Australian ingredients with walnuts from the United States of America’
Note: ‘Packed in Australia from imported ingredients with lychees from Thailand, pineapples from Malaysia and mangoes from the Philippines’
Note: ‘Packed in Australia from 0% Australian ingredients with Canadian blueberries’
23 Varying Australian content—food packaged in Australia
This section applies to food to which section 22 applies (other than food grown, produced or made in a single overseas country) if the proportion by weight of the ingredients of the food varies over time. Despite section 22, the labelling of the food complies with this information standard if:
the labelling includes:
one of the appropriate marks under this section; and
any information, such as a barcode or other device, batch number, lot, date of manufacture or date mark, that is needed to enable a consumer to obtain information by a method in accordance with section 13; and
a consumer who follows the method indicated by the mark is able to find out:
the proportion by weight of Australian ingredients of the food in the package; and
if the period that was used to calculate the average specified in the mark does not appear on the labelling—that period.
If the average proportion by weight of the Australian ingredients of the food is at least 1%, the following are appropriate marks:
This label is a portrait rectangle shape. It contains the letters BC. The explanatory text underneath the bar chart reads Packed in Australia - ingredient sources vary - average P% Australian ingredients (how to get details). BC is the appropriate bar chart to represent P% of Australian ingredients and P%, in which P is a whole number, is not more than the average proportion by weight of the Australian ingredient of the food, [how to get details] is the identifying phrase for an information method that satisfies section 13. Packed may be replaced by Packaged. This label is a landscape rectangle shape. It contains the letters BC. The explanatory text underneath the bar chart reads Packed in Australia - ingredient sources vary - average P% Australian ingredients (how to get details). BC is the appropriate bar chart to represent P% of Australian ingredients and P%, in which P is a whole number, is not more than the average proportion by weight of the Australian ingredient of the food, [how to get details] is the identifying phrase for an information method that satisfies section 13. Packed may be replaced by Packaged. where:
‘BC’ is the appropriate bar chart to represent P% of Australian ingredients (see section 10); and
‘Packed’ may be replaced by ‘Packaged’; and
‘P%’, in which P is a whole number, is not more than the average proportion by weight of the Australian ingredients of the food; and
‘\[how to get details\]’ is the identifying phrase for an information method that satisfies section 13.
If the average proportion of the Australian ingredients of the food is less than 10%, the following are also appropriate marks:
This label is a portrait rectangle shape. It contains a 5% filled bar chart. The explanatory text underneath the bar chart reads Packed in Australia - ingredient sources vary - average less than 10% Australian ingredients [how to get details]. [how to get details] is the identifying phrase for an information method that satisfies section 13. Packed may be replaced by Packaged. This label is a landscape rectangle shape. It contains a 5% filled bar chart. The explanatory text underneath the bar chart reads Packed in Australia - ingredient sources vary - average less than 10% Australian ingredients [how to get details]. [how to get details] is the identifying phrase for an information method that satisfies section 13. Packed may be replaced by Packaged. where:
‘\[how to get details\]’ is the identifying phrase for an information method that satisfies section 13; and
‘Packed’ may be replaced by ‘Packaged’.
24 Non-priority food grown, produced or made in Australia
This section applies to non-priority food that was grown, produced or made in Australia. A requirement under section 18 or 19 for the labelling to include a specified mark is taken to be satisfied if the labelling instead includes a statement indicating:
if the food was grown in Australia—that the food was grown in Australia; or
if the food was produced in Australia—that the food was produced in Australia; or
if the food was made in Australia—that the food was made in Australia.
25 Non-priority food packaged in Australia
This section applies to non-priority food that:
was packaged in Australia; and
was not packaged using food that was exclusively grown, produced or made in Australia.
A requirement under section 22 for the labelling to bear a specified mark is taken to be satisfied if the labelling instead includes:
if the food in the package is from a single country—a statement of the country of origin of the food (whether or not it also includes a statement that the food was packaged in Australia); or
if the food in the package is from more than one country:
a statement that the food was packaged in Australia; and
a statement that indicates that the food is of multiple origins or that it is comprised of imported ingredients.
Division 4— Imported foods with Australian ingredients
26 Imported foods that have Australian ingredients
This section applies to food if:
Division 3 does not apply (this is therefore food that was grown, produced, made or packaged in a country other than Australia); and
some or all of the food’s ingredients were grown, produced or made in Australia.
If the food is made in a country other than Australia, but the food’s ingredients are exclusively of Australian origin, the labelling may include one of the following marks:
This label is a portrait rectangle shape. It contains a fully filled bar chart. The explanatory text underneath the bar chart reads Made in C from 100% Australian ingredients. C is the name of the relevant country. This label is a landscape rectangle shape. It contains a fully filled bar chart. The explanatory text underneath the bar chart reads Made in C from 100% Australian ingredients. C is the name of the relevant country. where ‘C’ is the name of the relevant country.
If some, but not all of the food’s ingredients by weight are Australian, the labelling may include one of the following marks:
This label is a portrait rectangle shape. It contains the letters BC. The explanatory text underneath the letters BC reads X, C from at least P% Australian ingredients. BC is the appropriate bar chart to represent P% of Australian ingredients and P%, in which P is a whole number, is not more than the proportion by weight of the Australian ingredients of the food. X is the phrase 'Made in', 'Packed in' or 'Packaged in' as appropriate and C is the name of the relevant country, or adjectival form of that name, as appropriate. This label is a portrait rectangle shape. It contains the letters BC. The explanatory text underneath the letters BC reads X, C from at least P% Australian ingredients. BC is the appropriate bar chart to represent P% of Australian ingredients and P%, in which P is a whole number, is not more than the proportion by weight of the Australian ingredients of the food. X is the phrase 'Made in', 'Packed in' or 'Packaged in' as appropriate and C is the name of the relevant country, or adjectival form of that name, as appropriate. This label is a portrait rectangle shape. It contains the letters BC. The explanatory text underneath the letters BC reads and Y, C from at least P% Australian ingredients. BC is the appropriate bar chart to represent P% of Australian ingredients and P%, in which P is a whole number, is not more than the proportion by weight of the Australian ingredients of the food. Y is the word 'Made in', 'Packed in' or 'Packaged in' as appropriate and C is the name of the relevant country, or adjectival form of that name, as appropriate. This label is a landscape rectangle shape. It contains the letters BC. The explanatory text underneath the letters BC reads and Y, C from at least P% Australian ingredients. BC is the appropriate bar chart to represent P% of Australian ingredients and P%, in which P is a whole number, is not more than the proportion by weight of the Australian ingredients of the food. Y is the word 'Made in', 'Packed in' or 'Packaged in' as appropriate and C is the name of the relevant country, or adjectival form of that name, as appropriate. where:
‘BC’ is the appropriate bar chart to represent P% of Australian ingredients (see section 10); and
‘X’ is the phrase ‘Made in’, ‘Packed in’ or ‘Packaged in’, as appropriate; and
‘Y’ is the word ‘Made’ or the kind of food, as appropriate; and
‘C’ is the name of the relevant country, or the adjectival form of that name, as appropriate; and
‘P%’, in which P is a whole number, is not more than the proportion by weight of the Australian ingredients of the food.
If less than 10% of the food’s ingredients by weight are Australian, the labelling may include one of the following marks:
This label is a portrait rectangle shape. It contains a 5% filled bar chart. The explanatory text underneath thebar chart reads X, C from less than 10% Australian ingredients. X is the phrase 'Grown in', 'Produced in', 'Produce of', 'Product of', 'Made in', 'Packed in' or 'Packaged in' as appropriate and C is the name of the relevant country, or adjectival form of that name, as appropriate. This label is a landscape rectangle shape. It contains a 5% filled bar chart. The explanatory text underneath the bar chart reads X, C from less than 10% Australian ingredients. X is the phrase 'Grown in', 'Produced in', 'Produce of', 'Product of', 'Made in', 'Packed in' or 'Packaged in' as appropriate and C is the name of the relevant country, or adjectival form of that name, as appropriate. This label is a portrait rectangle shape. It contains a 5% filled bar chart. The explanatory text underneath the bar chart reads C, Y from less than 10% Australian ingredients. Y is the word 'Grown', 'Produce', 'Product', 'Made', or the kind of food, as appropriate and C is the name of the relevant country, or adjectival form of that name, as appropriate. This label is a landscape rectangle shape. It contains a 5% filled bar chart. The explanatory text underneath the bar chart reads C, Y from less than 10% Australian ingredients. Y is the word 'Grown', 'Produce', 'Product', 'Made', or the kind of food, as appropriate and C is the name of the relevant country, or adjectival form of that name, as appropriate. where:
‘X’ is the phrase ‘Grown in’, ‘Produced in’, ‘Produce of’, ‘Product of’, ‘Made in’, ‘Packed in’ or ‘Packaged in’, as appropriate; and
‘Y’ is the word ‘Grown’, ‘Produce’, ‘Product’, ‘Made’ or the kind of food, as appropriate; and
‘C’ is the name of the relevant country, or the adjectival form of that name, as appropriate.
Reference in mark to an ingredient from a particular country
In a mark required or permitted under this section, other than subsection 26(2), a phrase may be added at the end that names one or more of the ingredients of the food and specifies the country of origin of each ingredient named, provided:
the phrase starts with the word ‘with’; and
each ingredient named originates exclusively in the country specified as the origin of that ingredient.
Note: Examples: ‘Made in New Zealand from less than 10% Australian ingredients with New Zealand lamb and Australian rosemary and mint’
Note: ‘Packed in Mexico from at least 20% Australian ingredients with almonds from the United States of America, pecans from Canada, and macadamias from Australia’
Note: ‘Made in Vietnam from at least 10% Australian ingredients with prawns from Thailand’
Part 3—Other sales where country of origin information must be provided
27 Sales for which labelling is not required but in relation to which information must be made available
This section applies if food is sold to a purchaser in Australia, other than in a retail sale. The seller of the food must provide the purchaser, on request, with any information about the origins of the food or its ingredients that will be necessary to enable the purchaser to comply with a requirement under this information standard in relation to:
on-selling the food to another purchaser; or
selling another food that uses the food as an ingredient.
If the purchaser requests the information in writing, the information must be provided in writing.
Part 4—Legibility requirements, prohibitions and providing additional information
28 General legibility requirements
This section sets out general legibility requirements that must be satisfied in relation to a requirement in this information standard. If this information standard requires a word, statement, expression or design to be contained, written or set out on a label—any words must be in English and any word, statement or expression must, wherever occurring:
be legible; and
be prominent so as to contrast distinctly with the background of the label.
If a language other than English is also used on a label, the information in that language must not negate or contradict the information in English. If the information required for foods listed in sections 16 or 17 is displayed in connection with the food when it is sold, in addition to the requirements at subsections (2) and (3) of this section, the information must be displayed in close proximity to the food.
Note: To ensure country of origin labels for food are consistent with this information standard, a style guide has been published on the website of the Commonwealth agency that deals with country of origin labelling.
Note: The Style Guide provides guidance on how the labels should be placed on products, their packaging or displays, and how those labels should look, including any colour specifications.
Note: This guidance is based on the requirements of this information standard.
29 Restrictions on other uses of logo and bar chart in relation to food sold in Australia
A person must not use the logo or a bar chart in relation to food sold in Australia unless it is a permitted use. For this section:
a use of the logo or a bar chart in the labelling of food being sold is a permitted use if:
the use is required or permitted by Part 2; or
in relation to a sale to which Part 2 does not apply, the use would be permitted by Part 2 if Part 2 could be applied to the sale; and
a use of the logo or a bar chart in relation to food being sold, other than in the labelling, is a permitted use if that use of the logo or the bar chart in the labelling would be a permitted use under paragraph (a).
In this section, a reference to using a bar chart in relation to a food is a reference to using a bar chart to indicate the proportion by weight of the ingredients of the food that originate in a particular country (including Australia) or group of countries.
30 Provision of additional material not prevented
Nothing in this information standard is intended to prevent additional information from being provided about the country of origin of a food or its ingredients, including:
on the package; or
an accompanying label; or
in a display in connection with its sale; or
on a website; or
through a smartphone application; or
through any other means.
Note: Section 18 of the Australian Consumer Law deals with misleading or deceptive conduct. Paragraphs 29(1)(a) or (k) or 151(1)(a) or (k) of the Australian Consumer Law deal with false or misleading representations.
31 Record-keeping
If:
a person makes a sale of food to a purchaser other than the sale of an unpackaged single ingredient food from a single country of origin; and
Part 2 or Part 3 applies to the sale; and
the person provides information about the country of origin of the food or its ingredients that is required or permitted by this information standard to be provided in relation to such a sale;
the person must keep the records that the person relied on to provide the information.
Note: This includes maintaining records in relation to the calculation of an average determined in accordance with section 13.
The records must be kept for 1 year after the sale.
32 Provision of information to the regulator
This section applies to the sale of food covered by this information standard. The seller of the food must provide the regulator, on request, with any information:
that is relevant to an assessment of whether the sale complied with this information standard; and
that the seller holds or is able to access at the time of the request.
Note: See section 2 of the Australian Consumer Law for the meaning of ‘regulator’.
Part 5—Transitional provisions
33 Food that complies with the Food Standards Code country of origin labelling requirements
This section applies to food to which section 15, 16 or 17 applies if its labelling complies with the country of origin labelling requirements in the Food Standards Code, as they stood immediately before the commencement day.
Stock in trade
Food that bears a label is taken to comply with the labelling requirements of this information standard if the label was attached:
before the commencement day; or
on or after the commencement day but before the day that is 24 months after the commencement day.
Food that has labelling that accompanies it or is displayed in connection with its sale is taken to comply with the labelling requirements of this information standard if the sale is made before the day 24 months after the commencement day.
Use of logo
Despite section 29, food that is taken, under this section, to comply with this information standard may also bear the logo if it is applied by a person in accordance with a licence from Australian Made Campaign Limited to use the logo.
Interpretation
In this section:
the commencement day is the day on which this information standard commences; and
a reference to a label being attached to food includes a reference to any means by which a label becomes part of the packaging of the food.